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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. From June 3, 2010, the Defendant entered into a contract to sell the land E, F land, G, H, I, J No. 2 Dong building, E, and F No. 6 building (hereinafter “the instant real estate”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to D, and the Defendant entered into a contract to sell the said land E, F, G, H, I, J. 2 Dong building, E, and F (hereinafter “instant real estate”), and “At present, the instant real estate has been registered as provisional seizure in the name of K, and the lawsuit with K may be unconditional. The real estate purchase price is KRW 450 million and KRW 300 million among them would be KRW 450 million if the provisional seizure is cancelled, first of all, the remainder would be KRW 150 million,500,000,000,000,0000,000 won, and even if the provisional seizure registration remains in the lawsuit, the agreement to the effect that it would be cancelled.”
However, in fact, the defendant could not be able to win the lawsuit against the claim amounting to KRW 500 million with K, and there was no agreement with K as to the agreed amount, and even if he did not receive a definite answer from the K side on the agreed amount, he did not have the intention or ability to cancel the provisional seizure registration of the real estate of this case in favor of K in the lawsuit with K, and even if he did not transfer the ownership of the real estate of this case and receive KRW 300 million, he did not have any intention or ability to cancel the provisional seizure by winning the provisional seizure registration of this case in favor of K in the lawsuit with K, or 150 million won with K.
The Defendant acquired 300 million won from D, in other words, from D to the real estate purchase price of the instant real estate.
B. Around March 20, 2012, the Defendant attempted to commit fraud: (a) the Defendant filed against Doyang Branch D with the District Court Goyang Branch D above D.
Although the real estate stated in paragraph (1) was sold in the purchase price of KRW 450 million, and D had completed the registration of ownership transfer for the real estate, D paid only KRW 300 million with the purchase price and did not pay any balance of KRW 150 million.